Tanker driver in 580 collapse has long criminal record

Published 7:52 pm, Monday, April 30, 2007

2007-04-30 19:52:16 PDT -- The driver of the gasoline tanker truck that overturned and ignited a fire that brought down part of the MacArthur Maze has a criminal record, including a conviction for possession of heroin in 1996 that earned him a 32-month state prison sentence, law enforcement officials said Monday.

But James Mosqueda, 51, of Woodland (Yolo County), was able to obtain a commercial-trucking driver's license last June with a special endorsement allowing him to transport hazardous materials. Nothing in state law would have prevented Mosqueda -- who had two felony convictions in the 1990s but a clean driving record in recent years -- from receiving the license, state Department of Motor Vehicles spokesman Mike Miller said.

Mosqueda also passed a background check, administered by the federal Transportation Security Administration, designed to ensure that those who transport hazardous materials do not pose a threat, Miller said. The crimes of which he had been convicted were not serious or recent enough to disqualify him from driving a truck filled with gasoline, federal officials said.

Mosqueda remains at St. Francis Memorial Hospital in San Francisco, where he is being treated for second-degree burns to his face, neck and hands that he suffered when the truck he was driving crashed and burned early Sunday on the connector between westbound Interstate 80 and southbound Interstate 880 in Oakland. The fire brought down the overhead ramp connecting eastbound Interstate 80 with eastbound Interstate 580.

Family members released a statement saying Mosqueda was in stable condition. "We are grateful that no one else was hurt and thank God that James is on the road to recovery," the statement said.

LATEST SFGATE VIDEOS

Reached at her home Monday evening in Woodland, Mosqueda's mother, Alicia Mosqueda, said her son had never discussed any legal troubles with her.

"Nor do I ever interfere with that," she said in Spanish. "I know nothing, nothing, nothing."

Related Stories

James Mosqueda's criminal record in Sacramento County includes a 1993 conviction for misdemeanor possession of a syringe, for which he was sentenced to 60 days; a 1994 conviction for felony possession of stolen property that resulted in a 180-day sentence; and the 1996 conviction for felony heroin possession, said Lana Wyant, a Sacramento County prosecutor and spokeswoman.

After being released from prison, Mosqueda worked with the Sacramento Valley chapter of Teen Challenge, an international Christian ministry that runs centers for people struggling with addiction, said a friend, the Rev. Oscar Escalante of Sacramento. He said Mosqueda "always wanted to drive trucks" and had started out driving tomato trucks before getting a job with Sabek Transportation in South San Francisco, hauling gasoline.

"He knew it was dangerous," Escalante said. "It was exciting for him."

To receive his state trucker's license, Mosqueda had to pass tests of his vision, his driving performance, his medical condition and his knowledge of driving laws.

He also had to receive clearance from the Transportation Security Administration to carry hazardous materials, a requirement under the USA Patriot Act. Not all felony convictions are grounds for disqualification, said agency spokesman Nico Melendez.

For some crimes, a driver must not have a conviction in the past seven years or have been released from prison in the past five years. Those crimes include drug dealing, assault with intent to murder, kidnapping, rape, illegal gun possession or dealing, identity fraud, smuggling and arson.

There is an additional list of crimes that disqualifies applicants forever. They include murder, espionage and convictions related to terrorism.

"Certainly if someone has a disqualifying crime, they wouldn't be granted the (hazardous materials) endorsement," Melendez said. He said he was not familiar with the particulars of Mosqueda's application.

State Assemblyman Pedro Nava, D-Santa Barbara, who chairs the Assembly's Transportation Committee and the joint committee on emergency services and homeland security, said Monday that he would push the state to adopt higher standards for drivers of hazardous materials.

"This is a real wake-up call," Nava said. "This is another example of how the federal government really does not have the safety and security of its citizens as its first priority. If this driver were hauling chicken coops, we would not have the kind of problem that we have. But he's driving gasoline."

California Highway Patrol officials said the investigation of the crash is continuing, but that Mosqueda appears to have been driving at an unsafe speed in a 50 mph zone when his tanker truck, loaded with 8,600 gallons of gasoline, overturned and caught fire.

The CHP said there is no evidence Mosqueda was driving under the influence of alcohol or drugs.

Mosqueda had been driving for Sabek Transportation for 10 months. According to a company statement, Mosqueda has a safe driving record.

On Sunday, Sabek Transportation described his escape from the wreck as "miraculous" and said it was cooperating with the CHP. Company officials did not return calls Monday seeking comment.

Sabek may be liable for the hundreds of millions of dollars needed to repair the damage to the MacArthur Maze, state officials said Monday.

Caltrans director Will Kempton said the agency will pursue damages if the CHP investigation determines that the driver or company were negligent in the crash.

"We do that all the time when somebody runs into the guardrail -- we will bill them for the cost of the guardrail," Kempton said. "When liability is determined, we will take the appropriate steps to recover whatever we can."

CHP spokesman Officer Trent Cross said, "Ultimately someone is going to pay for this. Our investigation will tell you what happened, but we leave it to Caltrans and the lawyers to determine how any liability questions are settled."

Latest from the SFGATE homepage:

Click below for the top news from around the Bay Area and beyond. Sign up for our newsletters to be the first to learn about breaking news and more. Go to 'Sign In' and 'Manage Profile' at the top of the page.